SZLZN v Minister for Immigration and Citizenship [2009] FCA 73

SZLZN v Minister for Immigration and Citizenship [2009] FCA 73

The applicant failed to prosecute the proceedings with due diligence as evidenced by communication expressing the desire to withdraw and non-attendance at the hearing. Therefore, the application should be dismissed and costs awarded to the first respondent.

Jurisdiction
Australia
Judgment Date
09 February 2009
Procedural Posture
Migration Extension of Time to File Appeal / Application for Extension of Time; Hearing for Dismissal
Outcome
Application dismissed
Legal Topics
['extension of Time' 'notice of Appeal' 'dismissal for Want of Prosecution' 'costs Orders']
['migration Law'] ['extension of Time' 'notice of Appeal' 'dismissal for Want of Prosecution' 'costs Orders']

Case Brief

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Procedural Posture

Migration Extension of Time to File Appeal / Application for Extension of Time; Hearing for Dismissal

Legal Issues

  1. 1 ['Whether the application for extension of time to file and serve notice of appeal should be granted' 'Whether the proceedings should be dismissed for failure to prosecute with due diligence' 'Whether costs should be awarded']

Ratio Decidendi

The applicant failed to prosecute the proceedings with due diligence as evidenced by communication expressing the desire to withdraw and non-attendance at the hearing. Therefore, the application should be dismissed and costs awarded to the first respondent.

Court Disposition

Application dismissed

Orders

  • ['The application filed on 28 October 2008 is dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1,500." 'The exhibits are returned.']